Neighborhood Community and Revitalization Program (NCR) Labor - - PowerPoint PPT Presentation

MARCH, 2016

Neighborhood Community and Revitalization Program (NCR) Labor Standards Compliance

(Prevailing Wage/Section 3/Affirmative Action/EEO)

Steve Quattro Program Manager Internal Process Management 609-858-6913 SQuattro@njeda.com Lorena Young Program Officer Internal Process Management Section 3 Coordinator 609-858-6947 lyoung@njeda.com

NJEDA Contacts

Labor Standards Compliance Officers

Annie D’Agostino Jodie Sessoms Kim Howell- Peterson Les Jocelyn Rich Arenstein

Labor Standards Compliance

THESE PROJECTS ARE SUBJECT TO: 1. Payment of Prevailing Wages both NJ and Federal Prevailing Wage requirements as per the NJ State Prevailing Wage Act and Davis- Bacon Act 2. Section 3 of the Housing and Urban Act of 1968 3. Affirmative Action

These projects are required to comply with N.J.S.A. 10:5-31 et seq. and N.J.A.C. 19:30 Subchapter 3 (Affirmative Action), P.L. 1963. C150 (New Jersey Prevailing Wage Act), Section 3 of the Housing and Urban Act of 1968, as amended (HUD 24 CFR Part 135), The Davis-Bacon and Related Acts.

Labor Standards Compliance Procurement *Professional Services

Item No. Complete Professional Services Bid Package Documents and Mandatory Contract Language

√ Received by with bid package

1 Exhibit 1 Section 3 Bidders Proposed Consultants and Sub consultants 2 Exhibit 2 Section 3 Business Certification Form 3 Exhibit 3 Bidders Estimated New Hires 4 Exhibit 4 Section 3 Employee & Trainee Data Form 4 5 Exhibit 5 Section 3 Employee Household Income Certification Form 5 6 Exhibit 6 Certification of Bidder Regarding Section 3 and Segregated Facilities 7 Exhibit 7 Bidder Certification of Proposed SUBCONSULTANTS regarding Section 3 and Segregated Facilities 8 Exhibit 8 Section 3 Plan Format (template) 9 Exhibit 9 Section 3 Plan Statement of Commitment 10 Exhibit 10 Section 3 Projected Utilization Plan 11 Appendix A Section 3 Clause 12 Appendix B Section 3 Consultant Business Monthly Utilization Form 13 Appendix C Section 3 New Hires Compliance Form 12

*Professional Services: architects, design engineers, consultants, etc.

Q: What is Section 3?

HUD Section 3

A: Section 3 of the Housing and Urban Development

(HUD) Act of 1968

• Is to ensure that employment and other economic
• pportunities generated by certain HUD financial assistance

shall,

• to the greatest extent feasible, and consistent with existing

Federal, State and local laws and regulations,

• be directed to low-and very low-income persons.

What Triggers Section 3?

• 2. all recipients (ERB Program) receiving funds for

Professional and Construction Contracts an amount greater than $100 thousand to complete a project are also required to comply with Section 3 requirements (“new hire” employees) are also required to comply with Section 3 requirements. 1. The requirements of Section 3 apply to CDBG-DR recipients (the NJEDA) who have received an award of $200 thousand or more therefore

Section 3 Residents are:

• 1. a public housing resident or
• 2. a low-or very low-income person residing in the metropolitan area or Non-

metropolitan in which the Section 3 covered assistance is expended

Section 3 Business Concern is:

• 1. A business owned by a Section 3 resident
• 2. Has at least 51% of full-time employees who are currently Section 3 Residents
• 3. Provides evidence of commitment to subcontract more than 25% of the dollar

award of all subcontracts to Section 3 business concerns that meet these qualifications.

Section 3 Residents and Business Concern

• All Bidders must submit documentation addressing

how they will meet Section 3 Goals via a Section 3 Plan

• Bids submitted without a completed Section 3 Plan

will be considered non-compliant and invalid

• Must be approved by the NJEDA Section 3

Coordinator prior to award

Section 3 and Bidding

Labor Standards Compliance Procurement (Construction)

Item No. Complete Construction Package Documents and Mandatory Contract Language

√ Received by with bid package

1 HUD - 4010 Federal Labor Standards 2 Certification of Bidder Regarding EEO 3 Certification by Proposed Subcontractor Regarding EEO 4 Subrecipient and General Contractor Affirmative Action / EEO/ Prevailing Wage Addendum to Construction Contracts and Bid Documents 5 Affirmative Action / EEO/ Prevailing Wage Addendum to Construction Contracts and Bid Documents (General Contractor and Subcontractor/s) 6 Certification of Bidder NCR Federal Labor Standards and Davis Bacon Act 7 NJEDA Sandy SUB Certification of Labor Standards and Davis Bacon Act 8 Preliminary Prevailing Wage Determinations (PWDs) - Federal, Statewide, State-COUNTY (for bidding and cost estimating purposes ONLY and to be issued by the Municipality) 9 U.S. Department of Labor Payroll Form (ONB No. 1235-0008 Certified Payroll) WH-347 10 NJEDA Project Wage Rate Sheet 11 WH 347 Certified Payroll Coversheet 12 WH- 347 Certified Payroll Review Checklist 13 4 Labor Standards Posters 14 NJEDA Initial Construction Project Workforce Manning Report (AA Form 1) 15 NJEDA Sub-Contractor Projection Form (AA Form 1a) 16 NJEDA Sandy Monthly Project Workforce Report - Construction (AA Form 2) 17 Exhibit 1 Section 3 Bidders Proposed Contracts and Subcontractors 18 Exhibit 2 Section 3 Business Certification Form 19 Exhibit 3 Bidders Estimated New Hires 20 Exhibit 4 Section 3 Employee & Trainee Data Form 4 21 Exhibit 5 Section 3 Employee Household Income Certification Form 5 22 Exhibit 6 Certification of Bidder Regarding Section 3 and Segregated Facilities 23 Exhibit 7 Bidder Certification of Proposed SUBS regarding Section 3 and Segregated Facilities 24 Exhibit 8 Section 3 Plan Format (template) 25 Exhibit 9 Section 3 Plan Statement of Commitment 26 Exhibit 10 Section 3 Projected Utilization Plan 27 Appendix A Section 3 Clause 28 Appendix B Section 3 Contractors Business Monthly Utilization Form 29 Appendix C Section 3 New Hires Compliance Form 12 30 NJEDA Prevailing Wage AA EEO SWMVBE Completion Certificate GC & SUBS 31 NJEDA Prevailing Wage AA EEO SWMVBE Completion Certificate SUBRECIPIENT/ GC

Section 3 for Construction Bidding

Section 3 requirements that apply to professional services bidding are also applicable to constriction contract bidding.

Please refer to the “Bid Package and Pre-Construction Document Check List” for their requirements NOTE: Document forms are slightly different to reflect Construction requirements

Pre Bid and Pre-Construction Document Tracking Sheet and Mandatory Contract Language

As the subrecipient of the funds you must ensure that your general contractor is in compliance with all items on this list. This includes:

• Mandatory contract Language
• Pre award compliance (bidding)
• Monthly compliance to Labor Compliance Program Officer
• Site inspections

All bid documents and forms available in Spanish and other versions upon request

All documents in the Document Tracking List can be downloaded from the NJEDA Website at: www.njeda.com/affirmativeaction

• Joint State-Federal Projects:

For projects where both the state prevailing wage law and the federal Davis- Bacon and related Acts apply, contractors and subcontractors must pay the higher of the state or the federal wage rates, on a classification-by-classification

• basis. This requirement should also be stated in the bid specifications and the
• contracts. N.J.S.A. 34:1B-5.1

For Wage Determinations

NJ State Prevailing Wage Rates (by county and statewide) http://lwd.dol.state.nj.us/labor/wagehour/wagerate/prevailing_wage_determinati

• ns.html

Federal Prevailing Wage Rates http://www.wdol.gov

Prevailing Wage Determinations

Requirements

• Meet monthly county goal for

women and minorities (workforce)

• Report on a monthly basis women

and minority participation (workers) for construction site work per contractor, per trade

• Show Good Faith Efforts when

goal not met

Affirmative Action

• Labor Standards (Davis-Bacon Act)
• Record of Employee Interviews.

Information gathered during on-site interviews with laborers and mechanics employed

• n projects subject to Federal prevailing wage requirements is reported to HUD. These

interviews are:

• Conducted periodically
• Ensure that Prevailing Wages are paid to employees
• Evaluated for general compliance and compared to certified payroll reports

submitted by the respective employer.

• Affirmative Action Compliance
• Monthly unannounced site monitoring to ensure minorities and female participation for
• nsite work.
• Monthly electronic submission of Affirmative Action Form 2 to the NJEDA.

 Register at: https://aaonline.njeda.com/AAWEB

Site Monitoring and Inspections